Alok Singh, J. - (1.) PRESENT petition is filed assailing the appointment of Respondent No. 4 on the post of Lady Member, District Consumer Dispute Redressal Forum, Pakur. Undisputedly, post of Lady Member of the District Consumer Dispute Redressal Forum, Pakur was advertised, vide Annexure - 4; petitioner, who has worked as Lady Member of the Forum in the earlier term also, as well as Respondent No. 4, have applied for the post along with other candidates. Respondent No. 4 was found suitable by the Selection Committee and was appointed as Lady Member of the Forum.
(2.) FEELING aggrieved, petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, assailing the appointment of Respondent No. 4, on the ground that Respondent No. 4 does not have minimum 10 years experience in the field, as contemplated under Section 10(1)(b)(iii) of the Consumer Protection Act, 1986. It has further been contended that since petitioner has worked as a Lady Member of the Forum in the earlier term, therefore, she ought to have been appointed, considering her experience. Mr. Rohit Roy, learned counsel for the petitioner has vehemently argued that since Respondent No. 4 has got herself enrolled as an Advocate in 2006, therefore, she was not having experience of 10 years in the year 2009 as an Advocate when she has applied for the post in question.
(3.) SECTION 10(1)(b)(iii) of the Consumer Protection Act reads as under: - ..... (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that a person shall be disqualified for appointment as Member, if he - (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an un -discharged insolvent; or (c) is of unsound mind and stands so declared by a competent Court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the State Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a Member; or (f) has such other disqualifications as may be prescribed by the State Government.;